Drafting a Code of Adjudication
THE ANALYTICAL PROCESS
|1.||Has the defendant violated the rules of conduct?|
|2.||If so, is the violation sufficiently blameworthy that criminal liability ought to attach?|
|3.||If so, how much liability should be imposed?|
The code of adjudication in Appendix B is organized around these questions. The process begins by comparing the defendant's conduct to that prohibited by the code of conduct, the same code that has been available to the defendant and all members of the public. Did the defendant's conduct violate the code?
Section 100. VIOLATION OF CODE OF CONDUCT
A person violates the Code of Conduct, for the purposes of this Code of Adjudication, if the person violates a prohibition or duty in Part II of the Code of Conduct and does not have a justification for such violation under Part IV of that Code.
A few additional provisions may be needed to make this determination with precision, provisions that are not necessary in the code of conduct itself, such as provisions giving more detailed explanations of what constitutes